HELP, letting agents, fees and name changes

[carti946]

Hi Y'all

 

For my first post, I/We (the tenants) are having problems with an agency in Cambridge.

 

We have an AST with a 6th month fixed period, we pay rent monthly and we have passed the 6th months. One of us has decided to leave and we have found someone else willing to switch names 'do an assignation or an addendum to the lease etc', also in the next month another of us is going to leave due to work commitents. For some reason the Agency are refusing to do an assignation (they were trying to get us to sign a new tenancy for twice/three times the fee). We contacted the landlord and with us the landlord got them to agree to the assignation, all parties agreed (verbally) to the change.

 

Then suddenly, when the Agency rung us say that things were ready, the assignation had turned into a tenancy with a 2 month fixed term before it went periodic. They said they had rung the landlord back and he had agreed to this. This tenancy will cost £145, against the £120 in fees for an assignation. This tenancy doesn't work for the tenant who is about to move out. Furthermore, when we first signed on with this agency, there were no fees for assignations, and termination fees were £70, now they are £120 and £230 respectively, res. Do we have to pay the new update fee prices?

 

Any help is greatly appreciated

 

Carti946:(

 

PS the agency is incredbly unfriendly, bordering on the abusive, and will often, when you see them in person, put two letting agents on you just so you feel truely bashed up and abused.

[TheChancellor]

Hi Carti - welcome to CAG

 

How many of you are there on the AST?

 

 

 

Look out for "Mr Shed" being online.He's the one to advise.

[carti946]

Oops, I forgot that important info. We are three, in a three bedroom house everybody has signed the AST so it is a joint tenancy. I should also say, that the one who decided to leave has already left and has a name on another AST, so these delays are really inconveniencing her. Plus we can't sublet.

[carti946]

Someone has just informed me that you cannot actually 'change' names on a joint lease. Instead you have to sign a new contract with the new person. Can someone please inform me of what can be done?

[TheChancellor]

The forum is v.quiet this evening.I have sent a link to someone who may be able to help next time they log on.In the meantime this may be of interest:http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/161340-notice-terminate-fixed-term.html

[carti946]

Thanks for that link, Chancellor, I have read this and many other threads now, and I see my position a bit better.

 

I guess my tenancy is about to come to an end as one of the tenants has given notice of termination (I think it was just oral, not written). They (singular) gave 4 weeks notice in the second to last week of the fixed term (4 weeks is stated in the tenancy as the notice period). That end day is the 20th of October, 10 days after the fixed term has finished. I was unaware of this and so I guess I am an 'ambushed joint tenant'.

 

The issue is: I am the tenant who has to leave in December, and so I am loathe to sign another full-term lease and am not happy about this 2 month lease either. My options as I see them are 1) to find someone in the next few days to take my room (not many days for that if reference checks were incl etc) 2) walk away and screw over the other one remaining tenant and the incoming tenant (I told them I would be there with until december),3) to sign this tenancy and suffer at the other end, or 4) to sign a 6th month tenancy and to try and get an assignation done.

 

My questions then are:

 

is it possible to give notice of termination by an individual in the fixed-term, to be effective in the perodic part as my old flatmate did?

Does the agency have rights to refuse assignations? And if they do as subletting is not allowed, doesn't this constitute an unfair term?

Can any point me to some info on assignations?

 

Any help is greatly appreciated.

 

-carti946

[MrShed]

Your flatmates notice is completely invalid, as it is during the fixed term. It does not absolve him, or others, of their obligations under the tenancy.

 

The agency does have the right to refuse to assign the tenancy - however, this should not be refused unreasonably. Specifically, if the new tenant to enter into the tenancy passes the same checks as the original tenant, it would be unreasonable of the agent to refuse assignment.

 

What specifically does the term in the tenancy state about assignment and subletting?

 

|It should be noted that there will be an ACTUAL cost to the agent of assigning the tenancy, and as such it would be unreasonable of the tenant to expect that there will be no charge to themselves during this process.

[TheChancellor]

 

Look out for "Mr Shed" being online.He's the one to advise.

 

 

Me thinks I must be psychic or similar.

 

Mr S to the rescue again

[MrShed]

Well you did PM me the link mate haha

[TheChancellor]

Well you did PM me the link mate haha

 

Sssh you've blown my street cred

[carti946]

Hi MrShed,

 

Thanks for the advice. I read many of your fantastic posts last night and am chuffed that you've weighed in on my problem, don't worry I have 'tipped the scales' many times.

 

The tenancy does not mention assignations, but it does have a clause stating no subletting. The agents are anything but reasonable. I believe they have advised (read intimidated) the landlord that assignations are a no-go. As for cost, on their list of services is £120 for a name change, so go figure why they won't do it.

 

Are assignations a risk for the landlord? Does the new tenant on the lease go onto a 6-months fixed term or are they stuck in the periodic cycle? Does anyone know the clauses in the housing acts which state the law on assignations that I can wave about?

 

As it stands right now, if I have interpreted your last post right, I/We could hold the tenant-who-has-left responsible until a month after she gives proper notice (so effectively a month from now, as we are in communication with her), but as we have someone who has passed the reference check and signed off on their last flat (effective 20th October) ready to move in this would be being un-necessarily difficult.

 

I get on well with this new guy and with the tenant who is staying and I don't want to make life difficult. The problem is 20th of Oct is D-day, and I have to leave town for work this week and don't have to time to find someone else new to push for a completely new three person lease without my name on it. The other tenant is scared that the ready-to-sign tenant will be left stuck without a place to stay (a real possibility), so just wants me to sign. So either it is to sign this 2-month lease or to convince the agency to allow an assignation (either for this new guy now or for me in 2 months time).

 

I don't rate my chances with the agency. This mess arose because no one (landlord included) can actually get the truth out of the agency. They make efforts to keep you in the dark. So if anyone can point me in the direction of the info on assignations, then I will be all ears.

 

Thanks so much for the help so far!!!

 

-carti946

Edited October 12, 2008 by carti946
grammatical errors

[carti946]

And thanks Chancellor for PMing MrShed, I didn't realise you could do this and as a noob, I wouldn't have wanted to annoy the gods.

[TheChancellor]

And thanks Chancellor for PMing MrShed, I didn't realise you could do this and as a noob, I wouldn't have wanted to annoy the gods.

 

Glad to help.I have a Direct Line to the Gods lol.:grin:

[MrShed]

Hang on - I'm getting confused(not rare ).

 

You are currently outside of your 6 month fixed term, correct? And none of you have signed a tenancy renewal, again correct?

[carti946]

That is correct, we are to receive this 2 month contract so sign on Monday.

[MrShed]

In that case his notice is valid, and terminates the tenancy for ALL of you.

[carti946]

Ok, I'm worried now. But just to clarify...

 

The leaving tenant gave notice on the 23th of September

The 6th month fixed term ended on the 10th of October

The 20th of October is the date the incoming tenant agreed to move 'in' and so all new arrangements (tenancy or assignations) have revolved around date.

The 21st of October is four weeks (the notice period in our tenancy) after the leaving tenant gave notice.

The landlord has offered a new 2 month tenancy starting 20 of october

The incoming-tenant is terminating his old tenancy on the 20th october

 

So 'his' notice is this 2 month 'tenancy'?

[MrShed]

Argh lol - its not exactly straightforward!

 

OK lets address the first point.

 

The tenant who is vacating could not give valid notice at the time of giving notice. As such, even if the landlord "accepts" such notice,the departing tenant is still liable for rent up until such a time that he does in fact give valid notice.

 

Assignment can only take place between the leaving tenant and the entering tenant. It is important to note that the leaving tenant should be doing everything he can at this stage to assign, as he has not given valid notice.

 

Has the landlord offered a new 2 month tenancy on the 20th of october to INCLUDE the incoming tenant?

[carti946]

Yes, he has included the incoming tenant, and excluded the outgoing tenant. So it should be three names for a 3-br place, I hope.

 

-carti946

Edited October 12, 2008 by carti946

[MrShed]

And he is wanting to charge how much for this new tenancy?

 

In any event, this is not a "renewal" but a new tenancy. As such, you have a guaranteed 6 months security of tenure.

[carti946]

The agent is charging £145. Oh dear, so if my joint tenants want to hold me to a 6 month period then they can?

 

The letting agents would be aware of this too, you'd assume? So by signing I am trapping myself in there.

 

So assignation is the only way to go. I don't know how I can convince the agent they are being unreasonable w.r.t. assignations. Dealing with them fills me dread. The other thing is I am worried about my reference, because I am new to this country and this is my first let (hence the greenness), so I need this reference for future tenancies.

 

-carti946

Edited October 12, 2008 by carti946

[carti946]

could the landlord hold me to a 6 month period as well.

[MrShed]

No - a 2 month fixed term is just that. You can only be tied in for 2 months.

 

However, the LA cannot evict until 6 months in.

[carti946]

ok, i see a grey area here. I am hoping it is black and white.

 

As joint tenants in the fixed term, we are considered one tenant and as such must act as one, but once the lease goes periodic, after the two fixed months can I then serve a notice of termination as an individual? Do the two remaining tenants not have the right to remain for 4 more months?

 

FYI... this lease is costing £145 all inclusive, normally the agency would charge £85 per person, plus the fees for the termination (at £230) of the old tenancy. This is some kind of deal the agency and the landlord cut as originally we were quoted £120 for the assignation (see first post about the meeting with the landlord)

Edited October 12, 2008 by carti946
bad grammar and bad reasoning, added more info

[MrShed]

Once the fixed term has expired, then ANY ONE TENANT of a joint tenancy can terminate the tenancy by giving notice.